Smt. Savita Meshram vs The State Of Madhya Pradesh
2021 Latest Caselaw 3018 MP

                                   1                                WA-642-2019
        The High Court Of Madhya Pradesh
                    WA-642-2019
         (SMT. SAVITA MESHRAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

7
Jabalpur, Dated : 06-07-2021
      Heard through Video Conferencing.
      Shri Raunak Yadav, Advocate for the appellant.
      Shri Ashish Anand Barnard, Deputy Advocate General for the
respondents-State.

Shri Balkishan Choudhary, Advocate for the respondent No.6.

Heard on IA No.4559/2019, an application seeking condonation of delay of 259 days in filing the present appeal.

This appeal is directed against the order dated 13.04.2018, passed in W.P. No.5582/2017 ( Smt. Satyabhama Choudhary vs. State of Madhya Pradesh and others) as also against the order dated 16.01.2019, passed in RP No.784/2018 (Smt. Savita Meshram vs. State of Madhya Pradesh). By the first order dated 13.04.2018 the learned Single Judge has allowed the writ petition filed by Smt. Satyabhama Choudhary i.e. the respondent No.6 herein, whereas by the second order dated 16.01.2019 the review petition filed by

appellant Smt. Savita Meshram has been rejected on merits.

Learned counsel appearing for appellant Smt. Savita Meshram submitted that the office has counted limitation from the date of main order dated 13.04.2018, whereas the appellant had prosecuted the matter before the Single Judge itself by filing review petition. The review has been decided on 16.01.2019, whereas the present appeal has been filed on 12.04.2019, therefore if the limitation is counted from the date of decision in the review petition, the appeal is filed within the prescribed period of limitation. In support thereof, the learned counsel has placed reliance on the Supreme Court judgment reported as (2011) 15 SCC 203, (State of Kerala & others vs. M.G. Presanna & others).

The application is opposed by the learned counsel appearing for the 2 WA-642-2019 respondents.

The Supreme Court in M.G. Presanna (supra) by taking into consideration Section 14 of the Limitation Act, 1963 has held that the period of delay in pursuing review before the Single Judge of the High Court should be taken as sufficient cause for condonation of delay while filing writ appeal against dismissal of the review, which was prosecuted bona fide by the State

and ought to have been treated as satisfactorily explained while considering the explanation for the delay.

In view of the above, we are persuaded to condone the delay in filing this appeal. Accordingly, IA-4559-2019 is allowed. Delay is condoned.

W.A. No.642/2019:

Appeal be listed for motion hearing after four weeks.

                                       (MOHAMMAD RAFIQ)                         (VIJAY KUMAR SHUKLA)
                                        CHIEF JUSTICE                                      JUDGE


                              S/



Digitally signed by SACHIN CHAUDHARY
Date: 2021.07.06 17:25:10 +05'30'